Easily File Trademark Opposition

During the trademark registration process, an opposition can be raised by an person for registration of the trademark. IndiaFilings offers an easy process for filing trademark opposition from Rs.5899/-

File Trademark Opposition

Trademark registration is a type of intellectual property protection, under which a word or visual symbol used by a business to distinguish it goods or services from other similar goods or services originating from a different business can be protected. To register a trademark, a trademark application must be filed by the applicant with the relevant Trade Mark Registrar in the prescribed format. Once a trademark application is filed, the Trade Marks Registrar would process the application and issue an Examination Report. Among the outcomes, the Trademark Examination Report could allow for the trademark application to be advertised before registration or raise an objection for registration.

In cases wherein the Trade Mark Registrar approves an application for advertisement in the Trademark Journal before registration, any person in the Public is allowed an opportunity to oppose the registration of the mark - if a person or business entity feels that registration of the mark would not be fair. In such cases, a trademark can be opposed. On filing an trademark opposition, the trademark applicant is required to file a counter with the Trademark Registrar within 2 months.

IndiaFilings is the leading business services platform in India, offering a variety of services like company registration, trademark filing, tax registration, tax filing and capital syndication. IndiaFilings can help you file a trademark opposition or respond to an opposition raised by a third party.. The average time taken to file a trademark opposition notice is about 5 - 10 working days, subject to government processing time and client document submission. Get a free consultation on filing a trademark opposition or responding to a trademark opposition by scheduling an appointment with an IndiaFilings Advisor.

Important Aspects of Filing Trademark Opposition

Respond Professionally

It's important to discuss the reason for raising a trademark opposition with a Professional and deciding on a course of action. An experienced professional can significantly improve chances of successful protecting a registered trademark.

No Guarantee

Filing a opposition for a trademark application does not guarantee that the mark will be prevented from registration. Trademark registration is a process and the verdict on registration is provided only by the Trademark Registrar - based on the facts and premises of each case. Hence, our professionals can only make best efforts based on expertise.

Timeline

Post filing of a trademark opposition, it is important to periodically check the status of the trademark application until its processing on the Government side. Trademark opposition requires various time-bound response or action from the applicant and opposing party. Hence, it's important to continually check the status of the application and take required action until completion of the process.

Trademark Journal

Trade Mark Journal is an official gazette of the Trade Marks Registry. If a Trademark Examiner determines that a trademark application can be granted registration , the application is advertised in the Trademark Journal. While the application is advertised, all persons have an opportunity to oppose the registration of the mark.

Trademark Opposition

As per the Trademark Act, any person can file notice of opposition against a trademark application within a period of four months from the date on which the mark is advertised or re-advertised in the Trademark Journal. After receiving the notice of opposition, the application is required to file send a counter statement ot the Registrar within two months.

Identity and Business Proof

Identity proof like passport, drivers license, aadhaar card, voters id or ration card for the trademark owner or person authorised by the trademark owner for filing the trademark application.In case of legal entity or registered body, then partnership deed or incoporation certificate or registration certificate is required.

Logo with Tagline

If the trademark application is made for a word, logo is not required. In all other cases, logo must be submitted preferably in black and white format. The logo must contain the exact words mentioned in the trademark application.

Form-48 and User Affidavit

Form-48 authorises an Attorney to file a trademark application on your behalf with the Trademark Registrar. In case a claim for previous use is made on the trademark application, then trademark user affidavit must be submitted.

What can be registered as a trademark?

Any word, name, device, label, numerals or a combination of colors that can be represented graphically (in a paper) can be registered as a trademark. The trademark to be registered must also be distinctive for the services or goods for which it is proposed to be registered.

What trademarks are NOT registerable?

Any trademark, which is identical or deceptively similar to an existing registered trademark or trademark for which application for registration has been made, cannot be registered. Also trademark that would likely cause deception or confusion or is offensive may not be registered. Geographical names, common names, common trade words and common abbreviation can also not be registered as a trademark.

Will my trademark application be valid for all services and goods?

Trademark applications are distinctive to the goods or services it is represents. Therefore, trademark applications are made under a "Class" of goods or service it represents. The trademark application will therefore be valid for the entire class of goods or service it represents.

What is a trademark class?

To standardise the goods or services, which the trademark will represent, the Trademark Registry has a list of 45 Classes under which all types of goods and services are represented. The trademark application must mention the type of goods or services the trademark will represent under one or more of the classes, and trademark registration is granted for that specific class of goods or service.

Will my trademark application be valid across the world?

No, trademark registered in India will be valid only in India. However, some countries use the trademark filing in India as a basis for registering the trademark in their country.

Can a foreigner or a foreign entity apply for trademark in India?

Yes, a foreign person or a foreign entity can apply for trademark registration in India.

Who can file the trademark filing?

Any person claiming to be the owner of the trademark used or proposed to be used can authorise the trademark filing. The person can be an individual, company, NGO, etc.,

What are the documents required for trademark filing?

A copy of the trademark to be registered along with the address and identity proof of the trademark owner is required. In case of Company, the name of the Company along with its Certificate of Incorporation and Address proof is required.

How long will it take to obtain trademark registration?

Trademark application can be filed with the trademark registry in a matter of 1 - 3 days. However, it will typically take 6 to 24 months for the Trademark Registry to complete their formalities and provide registration for the trademark.

When can I use the TM mark?

The TM mark can be used along with the trademark once the trademark application is filed with the Controller General of Patents Designs and Trademarks.

When can I use the ® mark?

The ® mark can be used once the trademark application is approved by the Controller General of Patents Designs and Trademarks and trademark registration is provided.

How long is a registered trademark valid for?

Registered trademarks are valid for 10 years from date of filing. Prior to the end of the validity, the trademark owner can file for renewal to keep the trademark protection current.

INDIAFILINGS

India's Largest Business Services Platform

OUR MISSION

We help Entrepreneurs start and operate successful businesses

IndiaFilings.com is India's largest online business services platform dedicated to
helping people easily start and manage their business, at an affordable cost. Our aim is to help
the entrepreneur on the legal and regulatory requirements, and be a partner throughout the
business lifecycle, offering support at every stage to ensure the business remains compliant and
continually growing.

IndiaFilings.com partners with a network of experienced Chartered Accountants,
Company Secretaries, Lawyers, Cost Accountants, Chartered Engineers, Ex-Bankers and Financial
Experts across India to provide a comprehensive range of services for small and medium sized
enterprises.

Reasons to choose IndiaFilings

IndiaFilings is a Google Partner. Google Partners are tasked with helping businesses market their service or products online.

IndiaFilings.com is a winner of Red Herring Top 100 Asia Award. Red Herring recognizes promising companies from across the world.

Red Herring Award

IndiaFilings is a CRISIL Verified Business. CRISIL is a subsidiary of Standards & Poor, a leading International Rating Agency.

CRISIL Verified

In The Media

LEARNING CENTER

We have put together an amazing collection of article, guides, videos and business tips in our Learning Center. Planning to start a business or need legal help? Visit the IndiaFilings Learning Center and you will find articles and guides on a wide range of topics. Feel free to share our articles and bookmark the IndiaFilings Learning Center.

Vibrant Team

A talented workforce that works in collaboration with a network of over 6000+ Professionals.

24/7 Support

Get support through phone, email, mobile app or live chat - 24/7, 365 days.